SUPREME COURT: COUNTY OF CHAUTAUQUA
ROGER E. YOCUM
vs Index #H-11183
WALTER E. DRAG
MARK G. HIRSCHORN, ESQ.
Attorney for Plaintiff
MOLLY T. McBRIDE, ESQ.
Attorney for Defendant
THOMAS W. WHITE, ESQ.
Attorney for Johnson
DECISION and ORDER
Plaintiff seeks to consolidate or jointly try this
malpractice action against his former matrimonial attorney
with his action against his former wife for relief from the
written matrimonial settlement on the grounds of mutual
mistake and the alleged malpractice.
Unless there is significant prejudice to a party,
consolidation and joint trial are today preferred remedies
because they reduce calendar congestion and economize legal
and judicial effort. Slight delay is not sufficient to bar
joint trial. DAVID G. SIEGEL, NEW YORK PRACTICE, section
Even if cases cannot be consolidated or jointly tried,
the Court can order parties to consolidate their disclosure
proceedings and other pretrial steps. See GENERAL ANILINE
& FILM PHOTO-MARKER CORP., 28 AD2d 990, 284 NYS2d 106 (1st
Plaintiff did not submit copies of the pleadings nor
indicate issue has been joined.
The motion is denied, without prejudice, but, the
Court directs counsel for the parties in both actions to
submit to the Court, within 2 weeks from the date of this
order, proposed dual scheduling orders designed to
consolidate disclosure, minimize separate depositions,
discovery and pretrials.
The Court will revisit the appropriateness of joint
trial at a compliance conference before parties file notes
THIS IS THE ORDER OF THIS COURT. NO FURTHER ORDER
SHALL BE NECESSARY.
Dated: January , 1996
Mayville, New York
Supreme Court Justice
To all Counsel:
Please take notice that a DECISION and ORDER of
which the within is a copy, is duly granted in the above
entitled action on the day of , 1996, and
duly entered in the office of the Clerk of the County of
Chautauqua on the same date.